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1) What documents are needed to buy a property in Madeira?

Anyone wishing to purchase a property in Portugal is required to obtain a Fiscal Number from the “FINANÇAS” (Tax Department). Note: With your fiscal number you can also open a bank account, buy a car, etc. 
Passport or a Portuguese ID document.
This is required for each individual person or company involved with the purchase.

2) What are the costs if I buy a property in Madeira?

( IMT – “Imposto Municipal sobre Transmissões” = Municipal Property Transfer Tax. )
IMT is payable on the transfer of immovable assets located in Portugal, like the purchase of a property. IMT is payable at the tax department before the property transfer.
The buyer or his lawyer (when having the power of attorney to purchase) is liable to correctly pay the IMT before the final deed. The IMT rates varies with the nature and value of the property. 
This tax is not applicable to off-shore owned properties. 

( Stamp Duty – Imposto de Selo. )
The “Imposto de Selo” (Stamp Duty) is 0,8% from the purchase price. When buying with a mortgage another 0,8% has to be paid over the value of the mortgage. 

( Notary and registration fees. )
These will have to be paid by the purchaser after signing the final deed of conveyance, costs are around € 950. When buying with a mortgage or requesting extra services from the notary these costs will go up. 

( Agency’s fee. )
The seller pays the agency involved. 

( Annual Costs. ) 
If you own property in Portugal you have a council tax to pay each year. 

( IMI – Imposto Municipal sobre Imóveis = council tax on Properties. ) 
This tax is paid to the “Câmara Municipal” (City Hall) of the area where the property is located and the rate is calculated based on a percentage of the fiscal value of the property. This value may not coincide with the current market value as this register in the past was only updated when a public deed had taken place but currently Portugal is re-evaluating the properties fiscal value to have this value more in line with the actual market

( Please note: This information is for guidance only and we cannot accept responsibility for any mistakes or misinformation. We strongly recommend Legal and Fiscal Consultations at all times prior to any transaction as the laws are constantly changing. ) 

3) What other documents are required for the purchase?

( Documents provieded by the seller ) 
Caderneta predial = Tax/financial Registration of the property.
This document is issued by the “FINANÇAS” (Tax Department) and shows the financial registration of the property and the rates and taxes payable for this property to the local council. In the case of a rural property the “Caderneta Rústica” is also required. 

Registo Predial = Property registration certificate – land registry.
Shows who the registered owner of a property is and if there are any outstanding loans/mortgages on the property, as well as details of the property like constructed area, plot size etc. Obtainable from the “Conservatória do Registo Predial” (Land registry Office ). 

Licença de utilização ou construção = Habitation/construction license. ( Required for properties built after 1951 )
Issued by the “Câmara Municipal” ( City Hall ) and shows that the property has been built according to the approved plans and for the purpose of habitation. No property can be sold without it. 

Ficha técnica = Property Technical file 
This document is provided by the “Construtor” (Developer/Builder). This is a fairly new requirement (2004) and is the detailed file (ID) of the property construction; suppliers, materials used and all the technical data of the construction process. 

Energy certificate 
As per the new law, all properties being sold have to have their own energy certificate. 

( Documents To Be Completed As Part Of The Sale ) 
Promissory Contract of purchase and sale. 
Final Title Deed

4) Not belonging to the European Union What Do I Need To Buy a Property In Madeira Island?

The Golden Visa Program in Madeira, Portugal has become the most popular program in Europe due to its simplicity, flexibility and benefits. Designed to encourage investment from non-EU nationals, the Golden Visa offers a fast track to obtaining a residency permit in Madeira, Portugal.
1. Investimento de 500 000Euros em propriedade de free hold na Madeira, Portugal.
2. Investimento de 350 000Euro em imóvel de detenção livre na Madeira Portugal - Versão reduzida limitada a determinados requisitos de critérios.
3. Criação de empresa e criação de emprego na Madeira, Portugal.
For more accurate and detailed information on this matter we recommend Connect Mind our business partners who will support you in the tax and legal aspects.

5) Who should advise me of legal terms?

If it's your intention to buy a property in Madeira, we strongly recommend you to have a lawyer. It will be the lawyer who will represent  the legal interests of yourself as a buyer when purchasing a property. 
The reason we recommend that you have a lawyer is mainly due to the fact  that the role of the notary on Madeira is limited. The notary does not  work out of the interest of the buyer and seller and does not hold and pay out funds. As a result, the lawyer has the legal responsibility for you as a buyer, and it is for this reason and for your own safety that this recommendation should be taken into account. 

The lawyer has the responsibility to verify the legal documents of the property, as every property needs to have a habitation license. The lawyer also checks who the lawful seller(s) is/are, but they will also check if there is a mortgage or any other debt on the property which is highly important as otherwise you could take over this debt or mortgage from the seller. All these registers are accessible online for lawyers which means they always have the most up to date information when requesting it. The lawyer will also make the promissory contract and do all necessary preparations necessary for the title deed. In the case of a condominium the lawyer should also check the minutes and financial papers of the condominium and in the case of a new construction project the lawyer has to check the building license and solvency of the seller. 

In special cases, such as not being able to be physically present, there is the possibility to give a power of attorney to your lawyer while being in Portugal. This power of attorney allows a lawyer to sign the promissory contract for you so you do not have to fly back within 2-3 weeks after the verbal agreement on the purchase. The lawyer can also sign on your behalf on the title deed if you wish. 
Such a power of attorney is structured specifically for the purchase of the property and of course the lawyer will be able to do this only if he also has received the funds to purchase from you. The lawyer can therefore only act after your approval on the contents of the contract. 
With the power of attorney the lawyer can also act on your behalf, after the purchase, to connect water, gas and electricity in your new property. 
For more accurate and detailed information on this matter we recommend Connect Mind our business partners who will support you in the tax and legal aspects.

Where we are

Avenida Arriaga, 75 - 1º Andar, Sala 105

9000-064 Funchal

Madeira - Portugal


+351 968 954 740

+351 291 221 664

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